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CA Essay Bar Studies > PR > Flashcards

PR Flashcards

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1
Q

Lawyer/Client Relationship

A

No duty to accept representation

Unless court appointment

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2
Q

May decline court appt rep if

A

Could not handle matter competently
Rep would result in improper conflict of interest, or
Acceptance unreasonably burdensome

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3
Q

Formation of L/C Relationship

A

Begins when client reasonably
Believes relationship exists
No writing is required

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4
Q

Scope of L/C Rep

A

Client determines objectives of rep
Lawyer decides means to reach objectives
Can be negotiated including duration
Limitation must be reasonable and client must provide informed consent

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5
Q

Power of Lawyer

A

Decides such things as strategy

Including manner, scope of x-exam and choosing theory for case

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6
Q

Power of Client

A

Decides such things as
Accept settlement, testify
Right to trial and entry of plea

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7
Q

Termination of L/C Relationship

A

May withdraw from representation if
Circumstances allow but
Duty to mitigate and lessen
Adverse impact upon client

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8
Q

Mandatory Withdrawal Violation

A 
MUST withdraw
If failure would result in violation of
Rules of ethics or OTHER LAW
Based upon client’s course of conduct
Client must DEMAND not just suggest
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9
Q

CA Mandatory Withdrawal Violation

A

Must withdraw if
Knows or reasonably should know
Rep would result in violation of PR rules
Not other law

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10
Q

Mandatory Withdrawal Attorney Health

A

MUST withdraw if physical or

Mental condition MATERIALLY IMPAIRS ability to represent client

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11
Q

CA Mandatory Withdrawal Attorney Health

A

Physical or mental condition renders UNREASONABLY DIFFICULT to carry out effective rep

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12
Q

Mandatory Withdrawal Client Bad Faith

A

Lawyer knows or reasonably should know
Client is asserting claim or defense
Without probable cause for purpose of
Harassing or maliciously injuring person

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13
Q

Mandatory Withdrawal Discharge by Client

A

Has absolute right to discharge
For any reason
If client has severely diminished capacity
Lawyer MAY take reasonably necessary
Protective action to guard client’s interests

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14
Q

No Harm Permissive Withdrawal

A

Can do so without harming the client

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15
Q

CA No Harm Permissive Withdrawal

A

Not allowed

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16
Q

Harm to Client Permissive Withdrawal

A

Client persists in course of action reasonably believes criminal or fraudulent
Learns client used previous services to perpetrate crime or fraud
Insists on course of action lawyer finds repugnant or fundamental disagreement
Client fails substantially to fulfill obligation regarding services
Rep will result in unreasonable financial burden
Client has made representation unreasonably difficult for lawyer, or
Other good cause exists

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17
Q

CA Harm to Client Permissive Withdrawal

A

Client insists on presenting claim or defense not warranted under law and cannot be supported by good-faith argument for an extension, modification, or reversal of law
Client seeks to pursue criminal or fraudulent course of conduct or has used lawyer’s services to advance
Client insists lawyer pursue course of conduct criminal or fraudulent
Client renders unreasonably difficult to carry out rep effectively
Client breaches material term with lawyer relating to rep
Client knowingly and freely assents
Inability to work with co-counsel indicates best interests of client likely served by withdrawal
Lawyer’s mental or physical condition renders difficult for lawyer to carry out rep effectively
Continuation of rep likely to result in violation of these rules or SBA, or
Lawyer believes in good faith other good cause

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18
Q

Procedure to Withdraw L/C

A

Must give client reasonable notice
Prior to withdrawing and get court approval
If litigation is pending

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19
Q

MR Procedure to Withdraw L/C

A

Court order may require continuation of rep

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20
Q

Duties upon Termination L/C

A

Take reasonable measures to minimize
Harm done to client and
Return all papers and property and
Refund any part of a fee paid not earned

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21
Q

CA Duties upon Termination L/C

A

True retainer does not have to be refunded

Used to ensure availability of lawyer for matter

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22
Q

MR Fees

A 
Must charge fees reasonable 
Under circumstances
Court considers:
Difficulty of case
Preclusion of other employment
Nature of relationship and fee arrangement
Expertise of attorney
Fee charged in locality
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23
Q

CA Fees

A

Not charge illegal or unconscionable fees

Unconscionability based upon facts and circumstances existing at time agreement

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24
Q

CA Unconscionability Fees

A

Entered into based on:
Lawyer engaged in fraud or overreaching in negotiating or setting fee
Lawyer failed to disclose material facts
Amount of fee in proportion to value of service
Relative sophistication of lawyer and client
Novelty and difficulty of questions involved
Likelihood avoidance of other employment
Amount involved and results obtained
Time limitations imposed
Nature and length of prof relationship with client
Experience, reputation, and ability of lawyer
Fee is fixed or contingent
Time and labor required and
Client gave informed consent to fee

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25
Q

CA Writing Fees

A

K for services required in writing when
Reasonably foreseeable total expenses will
Exceed $1,000 unless client is
Corp or client knowingly states in writing
W/ full disclosure, not want a written agreement

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26
Q

MR Contingent Fees

A

Must be in writing
Signature of client
Calculation methodology of fee, and
Details of calculation for expense deductions

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27
Q

CA Contingent Fees

A

Must provide duplicate copy of k
Signed by both lawyer and client, and
Writing must include:
Statement of rate
Statement of disbursements and costs incurred will affect contingency
Statement regarding extent to which client be required to compensate for related matters
If med mal, statement that statutory limits are maximum permitted
If not med mal, statement fee not set by law but negotiable

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28
Q

Exception to CA Contingent Fees

A

Agreements of workers’ compensation or between merchants

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29
Q

Lawyers in Same Firm Fee Splitting

A

May legitimately share or split fees
Entered by any of them and
May be shared with attorney who has retired

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30
Q

MR Lawyers from Different Firms Fee Splitting

A 
Fee splitting is permitted if
Fee in proportion to services 
Rendered by each lawyer or 
Jointly responsible
Client agrees in writing to 
Fee-splitting arrangement, and 
Total fee charged reasonable
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31
Q

CA Lawyers from Different Firms Fee Splitting

A

Fee may not be shared between firms unless
Lawyers enter agreement to divide fee
Client has consented after disclosure including identity of lawyers, and total fee charged not increased solely by reason of agreement to split fees

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32
Q

Referral Fees

A

Generally prohibited to anyone recommending
Lawyer’s services, unless paying fees of
Legal services plan or approved lawyer-referral service
Lawyer who performs service for client
Prior to referral may be reasonably compensated

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33
Q

Former Partner Referral Fees

A

Profit sharing or retirement plans allowed

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34
Q

Non-Lawyers Referral Fees

A

No partnership may be made w/ non-lawyers if law

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35
Q

Exceptions to Non-Lawyers Referral Fees

A

Paid lawyer’s estate or death benefit
Lawyer purchases practice of lawyer pays agreed upon price to estate
Shared through compensation or retirement plan
Lawyer shares court-ordered fees with non-profit employed or retained lawyer

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36
Q

CA Referral Fees

A 
Must not compensate, promise or give 
Anything of value to person
May offer or give gift or gratuity to
Person having made recommendation
So long as was not given in consideration of 
Any promise, agreement, or understanding
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37
Q

Client Fund Accounts

A

Must be deposited in client account
Flat fee may be deposited in operating acct if law firm discloses in writing client has right to require it be deposited in trust acct until earned and client entitled to refund of fee paid not earned

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38
Q

L/C Privilege PR

A

Protects confidential comm between client and his attorney

Client holds privilege and continues indefinitely surviving end of representation and death

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39
Q

CA L/C Privilege PR

A

Privilege terminates when client’s estate

Settled and personal rep is discharged

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40
Q

Confidential L/C Privilege PR

A

Must be intended confidential
If made in knowing presence of 3rd party
Generally destroys privilege unless rep of either

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41
Q

Communication L/C Privilege PR

A

Must be for seeking legal advice or rep

But lawyer not required to give advice or agree to rep for privilege to exist

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42
Q

Exceptions to L/C Privilege PR

A

Future Crime or Fraud
Dispute Between Client and Attorney
Parties Claiming Through Deceased Client
Substantial Bodily Injury or Death

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43
Q

CA Future Crime/Fraud Exception to L/C Privilege PR

A

Applies to anyone, not just client

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44
Q

Substantial Bodily Injury or Death Exception to L/C Privilege PR

A

Lawyer reasonably believes
Necessary to prevent criminal act lawyer
Reasonably believes likely to result in
Death or substantial bodily harm of individual

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45
Q

Work Product Doctrine PR

A

Discoverable only if court determines

Denial will unfairly prejudice party seeking it

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46
Q

CA Work Product Doctrine PR

A

Reflects lawyer’s impressions, conclusions,
Opinions, or legal research or theories
Not discoverable under any circumstances

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47
Q

Duty of Confidentiality

A

Unless authorized by informed consent or

Impliedly authorized in order to carry out rep

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48
Q

MR Duty of Confidentiality

A

Protected info regardless of source or

Info that could reasonably lead to discovery of such info by 3rd party

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49
Q

CA Duty of Confidentiality

A

Maintain inviolate confidence, and at every peril to himself preserve secrets of client
Not protected if:
By person who consults lawyer w/out good faith intention to retain lawyer after lawyer states she is unwilling or unable to rep person or
w/out reasonable expectation lawyer will be retained

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50
Q

Exceptions Duty of Confidentiality

A

Death or SBI
Substantial Financial Harm
Advice About Compliance
Controversy Between Lawyer & Client

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51
Q

MR Death or Substantial Bodily Injury Exception Duty of Confidentiality

A

Reasonably certain
Met if death imminent or if
Present and substantial threat person will suffer harm at later date unless lawyer takes action

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52
Q

CA Death or Substantial Bodily Injury Exception Duty of Confidentiality

A 
Reasonably necessary to prevent 
Criminal act lawyer reasonably believes 
Will result in death or SBI
No more than necessary to prevent act
Must make good-faith effort to persuade client not to commit and inform client of lawyer’s ability to reveal
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53
Q

Substantial Financial Harm Exception Duty of Confidentiality

A

MAY reveal info concerning rep to
Extent lawyer reasonably believes
Necessary to prevent client from committing
Reasonably certain to result in SBI to
Financial interests or property of another
May also be revealed to prevent, mitigate, or rectify SBI to fin interest or property

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54
Q

Advice About Compliance Exception Duty of Confidentiality

A

May reveal info if securing
Confidential legal advice about
Personal responsibility to comply w/ MR

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55
Q

Controversy Between Lawyer & Client Exception Duty of Confidentiality

A

To extent reasonably believes necessary

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56
Q

COI

A 
Lawyer-Client Conflict
Current Client Conflict
Current and Former Client Conflict
Prospective Clients
Influence by Third Parties
Conflict from ARM
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57
Q

Lawyer-Client Conflict

A

If significant risk rep may be
Materially limited by lawyer’s own interest unless
Reasonably believes will be able to provide
Competent and diligent rep to affected client
Rep not prohibited by law, and
Affected client gives informed consent
Confirmed in writing

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58
Q

Types of Lawyer-Client Conflict

A 
Opposing Parties Related
Sexual Relations
Relationship to Party or Witness
Lawyer as a Witness
Acquiring an Interest in Litigation
Financial Assistance to Client
Entering Business Transactions with Clients
Agreement to Limit Malpractice Recovery
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59
Q

MR Opposing Parties Related Lawyer-Client Conflict

A 
Lawyer related to another lawyer 
May not rep client in matter
Lawyer is rep another party unless 
Each client gives informed consent
Disqualification personal and not imputed
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60
Q

CA Opposing Parties Related Lawyer-Client Conflict

A

Not permitted to rep a client in matter
Lawyer knows or reasonably should know
Another party’s lawyer is family
Lives with lawyer, is client of lawyer, or
Has an intimate relationship w/ lawyer unless
Lawyer first informs client in writing of relationship

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61
Q

Sexual Relations Lawyer-Client Conflict

A

Prohibited unless consensual sexual relationship
Existed between lawyer and client when
L/C relationship commenced
Conflict personal and not imputed

62
Q

CA Exception Sexual Relations Lawyer-Client Conflict

A

When client is lawyer’s spouse or
Registered domestic partner
Cannot waive conflict

63
Q

Relationship to Party or Witness Lawyer-Client Conflict

A

Not permitted to rep client in matter
Lawyer has, or knows other lawyer in firm has
Legal, business, financial, professional, or
Personal relationship w/ or responsibility to
Party or witness in same matter unless
Lawyer first informs client in writing of relationship

64
Q

Lawyer as a Witness Lawyer-Client Conflict

A

May be disqualified from rep if likely

Necessary witness in action

65
Q

MR Lawyer as a Witness Lawyer-Client Conflict

A

Unless relates to uncontested issue
Relates to nature & value of legal services or
Would put substantial hardship on client

66
Q

CA Lawyer as a Witness Lawyer-Client Conflict

A

Same as MR but also if

Obtained client’s informed written consent

67
Q

Acquiring an Interest in Litigation Lawyer-Client Conflict

A

MUST not obtain proprietary interest in

Cause of action or subject matter except acquires lien granted to secure payment or K for reasonable contingent fee

68
Q

MR Financial Assistance to Client Lawyer-Client Conflict

A

Prohibited from financially assisting except advance litigation costs to client
Client remains ultimately liable but can be contingent upon outcome of case
If client indigent, lawyer may advance court costs & litigation expenses regardless if funds will be paid

69
Q

CA Financial Assistance to Client Lawyer-Client Conflict

A 
Not permitted to directly or indirectly 
Pay or agree to pay expenses of 
Prospective or existing client
Allowed w/ client consent to pay 
3rd parties from funds collected
70
Q

Entering Business Transactions with Clients Lawyer-Client Conflict

A

Must not enter into business transaction w/ client
Or knowingly acquire interest adverse to client unless
Terms in writing, are fair, & client understands

71
Q

Exceptions to Entering Business Transactions with Clients Lawyer-Client Conflict

A

Standard commercial transactions between
Lawyer and client for products or services
Generally markets to others

72
Q

Literary or Media Rights COI

A

Prohibited from negotiating literary or
Media rights relating to rep
Prior to conclusion of rep

73
Q

Gifts COI

A

Must not solicit or prepare instrument
Gives substantial gift to lawyer or
Person related to lawyer unless
Client is related to lawyer

74
Q

CA Gifts COI

A

May prepare instrument if client

Advised by independent counsel

75
Q

MR Agreement to Limit Malpractice Recovery COI

A

May limit malpractice recovery if client

Rep by independent lawyer

76
Q

CA Agreement to Limit Malpractice Recovery COI

A

Prohibited from making agreement

Prospectively limiting malpractice liability

77
Q

Current Client Conflict

A

Must not rep client if doing so would be
Directly adverse to interests of current client or
If there is significant risk rep will be materially
Limited by lawyer’s responsibilities to current client

78
Q

Exceptions Current Client Conflict

A

Reasonably believes able to provide competent and diligent rep w/ subjective and objective
Not prohibited by law
Rep not involve assertion of claim by 1 client against another and each affected client gives
MR: informed consent, confirmed in writing for MR or
CA: informed written consent

79
Q

MR Using Information Current Client Conflict

A

Must not use info relating to rep
To disadvantage of client unless
Informed consent, confirmed in writing

80
Q

CA Using Information Current Client Conflict

A

Must not use client’s info protected by SBA
To disadvantage of client unless
Informed written consent

81
Q

Current and Former Client Conflict

A

Previously rep client in matter must not
Subsequently rep another person in same or
Substantially related matter unless
Informed consent, confirmed in writing

82
Q

Switching Private Firms

A

Not permitted to knowingly rep person in same or substantially related matter when previous firm rep client whose interests materially adverse to person or about whom lawyer acquired confidential info material to matter
Former client informed consent, confirmed in writing
CA: informed written consent

83
Q

MR Disqualification of New Firm

A

Not imputed to new firm if:
Disqualified lawyer timely screened and no fee
Written notice given to former client, and
Certification of compliance w/ ethical rules and
Screening procedures provided to former client

84
Q

CA Disqualification of New Firm

A

Not imputed to new firm if:
Prohibited lawyer not substantially participate
In same or substantially related matter
Disqualified lawyer timely screened and no fee, and
Written notice given to former client

85
Q

Limitation to Old Firm

A

Not prohibited from subsequently rep a person w/
Interests materially adverse to a client rep by
Formerly lawyer & not currently rep by the firm unless matter is same or substantially related any lawyer remaining has confidential material info

86
Q

Former Gov’t Lawyers

A

Prohibits former gov’t lawyer from rep
Client in matter lawyer participated personally and
Substantially as gov’t lawyer, unless
Gov’t gives informed consent, confirmed in writing
Disqualification of New Firm

87
Q

CA Former Gov’t Lawyers

A

Informed written consent

88
Q

Exception to Disqualification of New Firm Former Gov’t Lawyers

A

Timely screened from matter and no fee, and

Written notice promptly given to gov’t agency

89
Q

Imputed Disqualification

A

May be waived by client if:
Lawyer reasonably believes able to provide competent & diligent rep
Rep not prohibited by law
Rep does not involve claim by 1 client against another client
Gives informed consent, confirmed in writing
CA: informed written consent

90
Q

Exceptions to Imputed Disqualification

A

Personal conflicts not imputed

91
Q

Prospective Clients

A

May not rep client w/ interests
Materially adverse to prospective client
In same or substantially related matter if
Lawyer received info from prospective client
That could significantly harm that person

92
Q

CA Prospective Clients

A

Info received “material to the matter” and

Does not need to be “significantly harmful”

93
Q

Exceptions to Prospective Clients

A

Informed written consent or

Limited exposure, screening & notice

94
Q

3rd Party Payments COI

A

Permitted but lawyer must not permit
Person who recommends, employs, or
Pays lawyer to render legal services for another to
Direct or regulate lawyer’s prof judgment

95
Q

Req of 3rd Party Payments COI

A

May not accept payment from 3rd parties unless
Client gives informed consent
No interference w/ lawyer’s prof judgment, and
Confidentiality preserved

96
Q

CA 3rd Party Payments COI

A

Obtain informed written consent

97
Q

Organization as Client

A

Owes duties of loyalty & confidentiality to org may rep both org and its constituents when no conflict exists
Duty to explain identity of client and may not mislead constituents

98
Q

Misconduct of Organization as Client

A

Upon learning of action violation
Likely cause substantial injury to org
Must proceed as reasonably necessary in
Best interest of org

99
Q

Reporting w/in Organization

A

Unless reasonably believes not in
Best interest of org
MUST refer matter to higher authority in org

100
Q

CA Reporting w/in Organization

A

Must not reveal info protected by SBA

101
Q

MR Reporting Outside of the Organization

A

If reported to highest authority and
Authority fails to address in timely manner, or
Refuses to act in clear violation of law and
Lawyer reasonably believes violation
Reasonably certain to result in SBI to org
MAY reveal info but only to extent
Reasonably believes necessary to prevent

102
Q

CA Reporting Outside of the Organization

A

MUST proceed as reasonably necessary but

CANNOT report outside org but may resign or withdraw

103
Q

Conflict from ARM

A 
MUST not represent anyone in matter 
Lawyer participated personally & substantially as
Judge or other adjudicative officer
Unless all parties to proceeding give 
Informed written consent
104
Q

MR Duty of Competence

A

Obligated to provide competent rep and
MUST possess legal knowledge, skill
Thoroughness, and prep reasonably
Necessary for rep

105
Q

CA Duty of Competence

A 
Must not intentionally, recklessly, w/ 
Gross negligence, or repeatedly fail to 
Perform legal services w/ competence
Learning and skill, and 
Mental, emotional, and physical ability 
Reasonably necessary for performance
106
Q

Exceptions to Duty of Competence

A

May give advice or assist in matter
Does not have skill ordinarily required if
Association would be impractical if emergency

107
Q

Lacking Competence PR

A

Must decline or withdraw rep
Become competent w/out unreasonable delay, or
Associate w/ competent counsel

108
Q

Duty of Diligence

A

Must act w/ reasonable diligence and promptness in rep client
Must be dedicated to client’s interests keep controlled workload, act w/ reasonable promptness, and follow through on all matters
Not bound to press every advantage

109
Q

CA Duty of Diligence

A

Must not intentionally, repeatedly, recklessly, or
W/ gross negligence fail to act w/
Reasonable diligence in rep

110
Q

Conduct in Course of Litigation

A 
Avoid Frivolous Claims
Candor to Tribunal
Fairness to Opposing Party/Counsel
Avoid Contact
Threatening Charges
111
Q

MR Avoid Frivolous Claims

A

Prohibited from bringing or defending unless
Basis in law & fact for doing so not frivolous
Frivolous if not good faith argument on merits

Good faith argument for extension, modification, or
Reversal of existing law not frivolous

112
Q

CA Avoid Frivolous Claims

A

Must not present claim or defense
Not warranted under existing law, unless
Supported by good-faith argument for an extension,
Modification, or reversal of law.
6068 forbids lawyer from counseling or
Maintaining action does not appear legal or just

113
Q

Avoid Frivolous Claims Arises

A

Arises if claim brought merely to embarrass, delay, or
Burden 3rd person or cause for purpose of
Harassing or maliciously injuring person

114
Q

Exception to Avoid Frivolous Claims

A

Defense of person charged w/ crim offense

115
Q

Expedite Litigation

A

Must make reasonable efforts to
Expedite litigation consistent w/
Interests of client

116
Q

Candor to Tribunal

A

Must not knowingly make false statement
Of law to court and must correct false statement
Must disclose controlling authority known
That is directly adverse to client and not
Disclosed by opposing counsel

117
Q

CA Candor to Tribunal

A

Must not knowingly misquote language of

Book, statute, decision, or other authority

118
Q

Fairness to Opposing Party/Counsel

A

Must not themselves, counsel or assist in
Unlawfully obstruct another party’s
Access to evidence or unlawfully alter
Destroy, or conceal document or other
Material having potential evidentiary value

Must not fail to make reasonably diligent effort
To comply w/ legally proper discovery
Request of opposing party

119
Q

CA Fairness to Opposing Party/Counsel

A

Cannot suppress evidence lawyer or

Client has legal obligation to reveal or produce

120
Q

Ask to Avoid Contact

A

Must not request person other than client
To refrain from voluntarily giving relevant
Info to another party, unless person is
Relative or employee or agent of client and
Lawyer reasonably believes person’s interests
Will not be adversely affected

121
Q

Threatening Charges

A

Prohibited from threatening to bring criminal,
Administrative, or disciplinary charges in
Effort to obtain advantage in civil dispute

122
Q

Payment to Witnesses

A

May properly pay non-expert witness
Statutory fee and reasonable expenses
Incurred for testifying

Expert must be paid only reasonable rate
In expert’s profession & compensated for
Reasonable expenses for testifying

Expert fees cannot be contingent

123
Q

CA Payment to Witnesses

A

May advance, guarantee, or acquiesce in pmt of expenses reasonably incurred witness to testify
Reasonable compensation for loss of time
To witness for testifying or
Reasonable fee for expert witness

124
Q

Fraud/Perjury by Witness

A

Prohibited from knowingly offering
False evidence and may refuse to
Offer evidence she reasonably believes false

125
Q

MR Fraud/Perjury by Witness

A

If witness called by lawyer offered
Material evidence and lawyer afterwards
Comes to know of its falsity
Must take reasonable remedial measures
Including persuading witness to withdraw or
Correct statement, and then, withdraw or
Disclose falsity to tribunal

126
Q

CA Fraud/Perjury by Witness

A

Must attempt to dissuade witness and then
May withdraw but CANNOT disclose
Confidential info protected by the rules

127
Q

Fraud/Perjury Criminal Defendants

A

Must not refuse to offer testimony of crim
Defendant when lawyer reasonably believes
But does not know testimony false

128
Q

MR Fraud/Perjury Criminal Defendants

A

If testimony KNOWN to be false and
Client refuses to change their course
Must withdraw and may reveal info
To extent reasonably necessary to comply

If the court denies withdrawal
Must disclose false testimony

129
Q

CA Fraud/Perjury Criminal Defendants

A

Must attempt to dissuade client
From committing perjury

If client refuses
MAY ask to withdraw or may 
Embrace narrative approach and 
Continue to question defendant up to 
Point of falsehood

MUST not rely on perjured testimony in closing

130
Q

Duty to Communicate

A

Duty to communicate with clients
Keeping reasonably informed of status of matter and
Respond to reasonable requests for info

If lawyer receives offer of settlement or plea:
Must notify client promptly unless
Client indicated previously proposal
Will be acceptable or unacceptable, or
Has authorized lawyer to accept or reject offer

131
Q

CA Duty to Communicate

A

Must keep client reasonably informed about
Significant developments relating to rep

Must promptly communicate proposed plea or
Offer in criminal matter, and all terms of written
Settlement offer in civil matter

Oral offer of settlement must be communicated
If “significant development”

132
Q

Ex Parte Communication

A

Not permitted to communicate
Ex parte with judges or jurors unless
Authorized by law or court

133
Q

Exceptions to Ex Parte Communication

A

Comms involving housekeeping matters or
Emergency comm authorized by law or court order

After a juror’s duties end
Contact w/  juror is permitted 
UNLESS JDX prohibits it
Juror expresses desire not or 
Comm involves misrepresentation
Coercion, duress, or harassment
134
Q

Communication with Represented by Counsel

A 
Not permitted to comm about 
Subject of rep w/ person lawyer 
KNOWS to be represented unless 
Consented to by other lawyer or 
Allowed by law or court order
135
Q

Communication with Unrepresented by Counsel

A

Cannot state or imply disinterested
When knows or reasonably should
Know unrepresented person
Misunderstands lawyer’s role

Must make reasonable efforts
To correct misunderstanding

MUST not give legal advice but to
Secure counsel if lawyer knows or
Should know interests of such
Person are or have a reasonable possibility
Of being in conflict w/ interests of client

136
Q

CA Communication with Unrepresented by Counsel

A

Interests must ACTUALLY be in conflict

137
Q

Negotiations with Unrepresented by Counsel

A

May negotiate terms of transaction or
Settlement w/ unrepresented person if
Has explained lawyer reps an adverse party and
Not rep person

May also prepare documents for
Person’s signature and explain
Own view of meaning of document

138
Q

Trial Publicity

A

Not permitted to make extrajudicial statement
Knows or reasonably should know will be
Disseminated by means of public communication and
Have likelihood of materially prejudicing proceeding

139
Q

Exception to Trial Publicity

A

May make statement reasonably believes
Required to protect client from substantial
Undue prejudice from recent publicity
Not initiated by lawyer or client

140
Q

Statements Allowed Trial Publicity

A

Claim, defense, etc.
Info contained in public record
Investigation in progress
Request for assistance in obtaining evid

Warning of danger concerning person involved
If reason to believe SBI to
Individual or public

Identity, residence, occupation, and family,
Info to aid in apprehending
Time and place of the arrest, and
Identity of investigating & arresting officers

141
Q

Special Responsibilities of Prosecutors

A 
Obligation to lay charges ONLY when
Supported by probable cause
See defendant accorded con DP rights
Timely disclose known exculpatory evid
Tending to disprove guilt of accused or 
Mitigate offense, and
Take precautions to prevent & reverse innocent convictions
142
Q

Advertising PR

A

Not make false or misleading statements about lawyer or services
Requirements:
Must include name & office address of
At least 1 lawyer responsible for content
Names of clients only if they consent
Statements about field of practice allowed
Statements about certifications ONLY if true

143
Q

CA Advertising PR

A

Prohibited from guarantees about outcome
Statements can get quick cash or settlements
Impersonations of person other than lawyer purporting to be lawyer
Impersonations of person purporting to be client
Use of spokesperson unless
Disclosure of function
Offering in other language unless true and
Statement about contingent fees unless indicates whether client liable for costs

144
Q

Solicitation PR

A

Prohibited when significant motive for
Lawyer’s action is pecuniary gain UNLESS
Person contacted is lawyer, or
Has close relationship

145
Q

Mailings/Advertisements PR

A

Labeled “advertising material” UNLESS

Person expressed not to be solicited

146
Q

MR Reporting Misconduct

A

Required to report misconduct of
Another lawyer to appropriate authority when
Actual knowledge of misconduct unless
Obtained as protected confidential info UNLESS
Future-crime exception

147
Q

CA Reporting Misconduct

A

Must report in writing within 30 days of knowledge of:
Filing of 3 or more lawsuits in 12-month period
Entry of judgment against lawyer for fraud
Misrepresentation, breach of duty
Imposition of judicial sanctions except for discovery or under $1,000
Indictment or info charging lawyer w/ felony
Conviction of lawyer of felony, or misdemeanor w/in practice of law, or where client was victim
Imposition of discipline from occupational disciplinary agency or licensing board, or
Reversal of judgment based on misrepresentation grossly incompetent rep, or misconduct

148
Q

Unauthorized Practice of Law

A

If not admitted to practice in JDX
Shall not establish office or other
Systematic and continuous presence in JDX
For practice of law or hold out to public or
Rep lawyer is admitted to practice there

Lawyer who assists non-lawyer in unauthorized practice
May be subject to civil & crim penalties

149
Q

CA Unauthorized Practice of Law

A

Must not employ, associate in practice with, or
Assist person lawyer knows or reasonably
Should know is ineligible person
To engage in activities that constitute law

May employe, associate in practice with, or
Assist disbarred lawyer to perform research
Drafting, or clerical activities (paralegal)

150
Q

Exceptions to Unauthorized Practice of Law

A

May represent client in JDX pro hac vice if

File motion to admission for case

151
Q

Contractual Restrictions PR

A

May not participate in offering or making
Partnership, shareholders’, operating, employment, or
Other similar type of agreement
That would restrict lawyer’s right to practice after
Termination of relationship, except for agreement
Concerning benefits upon retirement

CA Essay Bar Studies (15 decks)

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